Radiculopathy & sciatica Board decisions

The Veteran's bunions are being remanded for a new VA examination to determine their etiology.,The Veteran's left knee disability is being remanded due to inadequate previous examination and the need for additional medical opinion regarding its relationship to service.,The Veteran's unspecified chronic virus, including Lyme Disease and/or Epstein-Barr virus, is being remanded as there are conflicting opinions on its etiology and potential radiation exposure link.,The Veteran's neurological eye disability, specifically Fuch's dystrophy, is being remanded for a supplemental VA medical opinion to address the relationship between her service and these conditions.,The Veteran's sciatica is being remanded due to inadequate previous examination and need for additional medical opinion regarding its etiology.,The Veteran's respiratory disability, including asthma, is being remanded as there are conflicting opinions on its etiology and potential radiation exposure link.,The Veteran's lower extremity stress fracture residuals are being remanded for a supplemental VA medical opinion to determine the presence of such residuals.

The Veteran's appeal of an increased rating for chronic lumbar strain was dismissed.,An effective date of February 1, 2017 was granted for service connection for radiculopathy of the left upper extremity.,An effective date of November 2, 2017 was granted for TDIU due to service-connected disorders.

The Veteran's claims for increased ratings of his radiculopathy of the left lower sciatic nerve and lumbar spine condition are remanded due to insufficient evidence. The Board finds that a new VA examination is needed to properly assess the severity of these conditions.

The Board has restored a 10 percent rating for service-connected radiculopathy of the right lower extremity, finding that the reduction from 10 percent to non-compensable was not proper due to an inadequate VA examination.

The Veteran's lumbar spine degenerative disc disease is found to be etiologically due to injury sustained during active military service, and thus service connection for this condition is granted.

The Veteran's appeals for higher ratings and earlier effective dates have been dismissed due to the legacy appeal system. The issues remain as part of the pending appeals under the Legacy Appeals System.

The Veteran's appeals for service connection and a higher rating were dismissed. The Board found that the Veteran withdrew his appeal regarding cervical spine disability and other specified trauma and stress related disorder, and granted service connection for radiculopathy of the bilateral lower extremities as secondary to his low back disability.

The Board has remanded the Veteran's claims for radiculopathy of the left and right lower extremities due to additional evidence added to the record since the last supplemental statement of the case.

The Board denied service connection for left lower extremity radiculopathy and an initial compensable rating for bilateral sensorineural hearing loss.

The Veteran's service-connected disabilities did not result in functional impairment sufficient to prevent substantially gainful employment prior to July 7, 2017.

The Veteran withdrew his appeals for all issues related to service connection and ratings, effective from the date of the July 2016 phone call.

The Board has dismissed the appeals for entitlement to a disability evaluation in excess of 20 percent for residuals of right femur fracture and entitlement to a disability evaluation in excess of 50 percent for posttraumatic stress disorder (PTSD). The appeal for an initial disability evaluation in excess of 10 percent for osteoarthritis of left knee is REMANDED.

The Veteran's diabetes mellitus type II is granted a 60 percent rating from June 28, 2018 to June 28, 2019. The right and left femoral nerve peripheral neuropathy are each granted a 40 percent rating for the entire period on appeal. The right sciatic nerve peripheral neuropathy is granted a 40 percent rating from June 28, 2018 to June 28, 2019, and thereafter a 60 percent rating. The left sciatic nerve peripheral neuropathy is granted a 60 percent rating for the entire period on appeal. The right upper extremity peripheral neuropathy is granted a 40 percent rating prior to July 14, 2021, and thereafter a 70 percent rating. The left upper extremity peripheral neuropathy is granted a 30 percent rating prior to July 14, 2021, and thereafter a 60 percent rating.

The Board has decided to remand the Veteran's claims for higher ratings for his service-connected back disability and lower extremity radiculopathy, as well as his claim for service connection for a neck disability. The VA is instructed to provide additional examinations and opinions to address these issues.

The Board denied the Veteran's claim for service connection for radiculopathy of the bilateral lower extremities, finding no evidence of a current disability and concluding that any such disability is not related to service or a service-connected condition.

The Veteran's increased rating for cervical strain with degenerative disc disease is granted, but no higher.,Increased ratings are remanded for the Veteran's service-connected lumbar spine and sciatic nerve disabilities.,TDIU is remanded as it was not addressed in the previous decision.,Permanent and total rating and SMC based on need for aid and attendance are also remanded due to their interrelation with other issues.

The Veteran's right and left upper extremity radiculopathies are currently rated at 40 percent and 30 percent, respectively. The Board denied the claims for higher ratings as the evidence did not support a finding of more than moderate incomplete paralysis.

The Veteran's cervical spine disability, radiculopathy of the left upper extremity, and radiculopathy of the right upper extremity are remanded due to a duty to assist error. A VA examination is required to assess current severity and manifestations.

The reduction of the rating for lumbar spine strain from 40 to 20 percent was improper, and the 40 percent rating is restored.,A 20 percent rating, but no higher, for radiculopathy of the left lower extremity is granted effective April 20, 2021. The claim of entitlement to a rating higher than 20 percent for right lower extremity radiculopathy remains remanded.,The reduction of the rating for lumbar spine strain from 40 to 20 percent was improper, and the 40 percent rating is restored.

The Board denied the Veteran's claims for revisions of March 2005 rating decisions that failed to grant a compensable disability rating for service-connected postoperative bilateral inguinal hernia mesh repair with residuals of occasional left orchalgia and separate service connection for left lower extremity radiculopathy, finding no clear and unmistakable error.